In Georgia, it is a criminal offense to operate a car, truck, or motorcycle when a driver?s ability to do so has been compromised by using alcohol or drugs, whether legal or illegal, or if the driver is inebriated above regulated allowances, known as blood-alcohol concentration (BAC). Drugs include over-the-counter medications, such as antihistamine, and prescription medicines, such as painkiller. This law is known as DUI: driving under the influence. In some examples it may also be cited as DWI (driving while intoxicated), OMVI (operating a motor vehicle while intoxicated) or OUI (operating under the influence).
While .08 percent BAC is the point at which a offence has been committed, it is essential to know that you could be convicted at just .05 percent if the cop can establish you were perilously operating your motor vehicle. Also, it is illegal for drivers under the official drinking age to have even .02 percent alcohol in their systems. If you need to hire an experienced DUI lawyer in Georgia, contact our DUI attorneys immediately .
In every state, when someone is arrested for DUI / DWI, there are really two cases: the court case, and the DMV case. The court is trying to punish you in a variety of ways, and the DMV is trying to take away your driving privileges.
Also, pay attention to details, such as other people that are with you in jail (possible witnesses), booking officers that note your lack of slurred speech (possible witnesses) or the person you call to bail you out that can testify your speech wasn't slurred. This is just the tip of the iceberg. DUI arrests are complicated, and the results can be truly tragic, especially for those wrongly accused.
If a victim sustains personal injury as a result of a drunk-driving accident, the driver may be charged with felony vehicular assault, even if it is the driver?s first offense. Should someone be killed by a driver under the influence of alcohol and/or drugs, the driver may be charged with felony vehicular manslaughter or vehicular homicide,the latter being the more serious of the two crimes.
Another factor in determining whether or not a DUI is classified as a felony is the amount of prior DUI convictions on the driver?s record. In most states, a fourth DUI offense is classified as a felony, while in some states a second or third offense is a felony .There are strict time limits within which the DMV must be contacted to avoid automatic license suspension
I'm asked all the time which test a person should take if they are arrested for DUI, or whether they should refuse the test at all. It's a complicated question, and there is no universal answer. There are ways to effectively attack both breath and blood tests. Also note: different states use different breath testing machines, some more antiquated than others. If this is a serious concern for you, talk to a lawyer in the jurisdiction where you are doing your drinking. Do this in advance. In most states, you do NOT have the right to consult with a lawyer before deciding which test to take, or whether to refuse.
As for refusing the blood or breath test, you would also be wise to consult a lawyer in advance